By Beverley Baines, Ruth Rubio-Marin
Describing the constitutional rights of girls in twelve nations, the members to this assortment draw on a variety of criminal circumstances masking concerns reminiscent of abortion, sexual harassment, employment discrimination, sexual abuse, pornography, relations relationships, entry to health and wellbeing and social advice merits, and electoral rights, between others. Their research finds how basically male judges make a decision instances which are often approximately women's equality claims. The volume's comparative viewpoint presents readers with the foundation for self sufficient goals of constitutional equality for girls.
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Example text
Currently all are men. Justice Gaudron, who served for fifteen years on the High Court, was the first and only female member of the High Court and provided a significant articulation of a rights jurisprudence. Justice Gaudron recently retired from the bench despite not having reached retirement age, citing personal reasons. Hopes that Justice Gaudron might be replaced by another woman were dashed with the appointment of conservative judge Dyson Heydon. The Prime Minister, John Howard, countered criticism of the appointment by saying that it was made on merit and that it was unrealistic for critics to expect gender to be a consideration in the decision.
However, as the following chapters show, the presence of constitutional provisions referring to the family does not determine whether countries have constitutional jurisprudence pertaining to it. Rather, such jurisprudence pervades all of the country chapters. In other words, the family has acquired a constitutional veneer, whether by political and/or judicial decree. xml CY446/Baines 0521823366 June 25, 2004 20:48 Introduction 19 rights. The idea that constitutions should (implying can) stay out of the home is indeed a myth.
In rendering these decisions, moreover, have courts acknowledged their specific impact on women’s well-being? More specifically, how do judges decide cases in which they are asked to treat wives or mothers differently from husbands or fathers? Collectively speaking, there are many such cases and they cover a wide range of subject matters, including family or children’s surnames, income tax deductions and attributions, disposition of matrimonial property, survivors’ pensions, inheritance, divorce, alimony, custody and support of children, restoration of conjugal rights, adultery, adoption, and domestic violence.